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    Gabčíkovo-Nagymaros Project HungarySlovakia

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    Gracia Sullano
    This document provides an overview of the Gabčíkovo-Nagymaros Project case between Hungary and Slovakia. It discusses how Hungary and Slovakia jointly submitted issues around the implementation and termination of a 1977 treaty regarding dam construction on the Danube River to the International Court of Justice. The Court was asked to determine whether Hungary was entitled to abandon the project works in 1989 and whether Czechoslovakia was entitled to proceed with an alternative solution in 1991. The Court visited the dam site and ultimately ruled that Hungary was not entitled to abandon the works but Czechoslovakia was not entitled to operate the alternative system. The Court ordered negotiations and compensation between the parties. In 1998, Slovakia requested an additional ruling due to Hungary's unwillingness

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    Gabčíkovo-Nagymaros Project HungarySlovakia

    Uploaded by

    Gracia Sullano
    42 views2 pages
    This document provides an overview of the Gabčíkovo-Nagymaros Project case between Hungary and Slovakia. It discusses how Hungary and Slovakia jointly submitted issues around the implementation and termination of a 1977 treaty regarding dam construction on the Danube River to the International Court of Justice. The Court was asked to determine whether Hungary was entitled to abandon the project works in 1989 and whether Czechoslovakia was entitled to proceed with an alternative solution in 1991. The Court visited the dam site and ultimately ruled that Hungary was not entitled to abandon the works but Czechoslovakia was not entitled to operate the alternative system. The Court ordered negotiations and compensation between the parties. In 1998, Slovakia requested an additional ruling due to Hungary's unwillingness

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    This document provides an overview of the Gabčíkovo-Nagymaros Project case between Hungary and Slovakia. It discusses how Hungary and Slovakia jointly submitted issues around the implementation and termination of a 1977 treaty regarding dam construction on the Danube River to the International Court of Justice. The Court was asked to determine whether Hungary was entitled to abandon the project works in 1989 and whether Czechoslovakia was entitled to proceed with an alternative solution in 1991. The Court visited the dam site and ultimately ruled that Hungary was not entitled to abandon the works but Czechoslovakia was not entitled to operate the alternative system. The Court ordered negotiations and compensation between the parties. In 1998, Slovakia requested an additional ruling due to Hungary's unwillingness

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    42 views2 pages

    Gabčíkovo-Nagymaros Project HungarySlovakia

    Uploaded by

    Gracia Sullano
    This document provides an overview of the Gabčíkovo-Nagymaros Project case between Hungary and Slovakia. It discusses how Hungary and Slovakia jointly submitted issues around the implementation and termination of a 1977 treaty regarding dam construction on the Danube River to the International Court of Justice. The Court was asked to determine whether Hungary was entitled to abandon the project works in 1989 and whether Czechoslovakia was entitled to proceed with an alternative solution in 1991. The Court visited the dam site and ultimately ruled that Hungary was not entitled to abandon the works but Czechoslovakia was not entitled to operate the alternative system. The Court ordered negotiations and compensation between the parties. In 1998, Slovakia requested an additional ruling due to Hungary's unwillingness

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
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    of 2

    Gabčíkovo-Nagymaros Project (Hungary/Slovakia)

    OVERVIEW OF THE CASE

    On 2 July 1993 the Governments of the Republic of Hungary and of the Slovak
    Republic notified jointly to the Registry of the Court a Special Agreement, signed
    at Brussels on 7 April 1993, for the submission to the Court of certain issues
    arising out of differences which had existed between the Republic of Hungary
    and the Czech and Slovak Federal Republic regarding the implementation and
    the termination of the Budapest Treaty of 16 September 1977 on the
    Construction and Operation of the Gabčíkovo-Nagymaros Barrage System and
    on the construction and operation of the “provisional solution”. The Special
    Agreement records that the Slovak Republic is in this respect the sole successor
    State of the Czech and Slovak Federal Republic. In Article 2 of the Special
    Agreement, the Court was asked to say : (a) whether the Republic of Hungary
    was entitled to suspend and subsequently abandon, in 1989, the works on the
    Nagymaros project and on that part of the Gabčíkovo project for which the
    Treaty attributed responsibility to the Republic of Hungary ; (b) whether the
    Czech and Slovak Federal Republic was entitled to proceed, in November 1991,
    to the “provisional solution” and to put into operation from October 1992 this
    system (the damming up of the Danube at river kilometre 1,851.7 on
    Czechoslovak territory and the resulting consequences for the water and
    navigation course) ; and (c) what were the legal effects of the notification, on 19
    May 1992, of the termination of the Treaty by the Republic of Hungary. The
    Court was also requested to determine the legal consequences, including the
    rights and obligations for the Parties, arising from its Judgment on the above-
    mentioned questions. Each of the Parties filed a Memorial, a Counter Memorial
    and a Reply accompanied by a large number of annexes.

    In June 1995, the Agent of Slovakia requested the Court to visit the site of the
    Gabčíkovo-Nagymaros hydroelectric dam project on the Danube for the purpose
    of obtaining evidence. A “Protocol of Agreement” was thus signed in November
    1995 between the two Parties. The visit to the site, the first such visit by the
    Court in its 50-year history, took place from 1 to 4 April 1997 between the first
    and second rounds of oral pleadings.

    In its Judgment of 25 September 1997, the Court asserted that Hungary was not
    entitled to suspend and subsequently abandon, in 1989, the works on the
    Nagymaros project and on the part of the Gabčíkovo project for which it was
    responsible, and that Czechoslovakia was entitled to proceed, in November 1991,
    to the “provisional solution” as described by the terms of the Special Agreement.
    On the other hand, the Court stated that Czechoslovakia was not entitled to put
    into operation, from October 1992, the barrage system in question and that
    Slovakia, as successor to Czechoslovakia, had become Party to the Treaty of 16
    September 1977 as from 1 January 1993. The Court also decided that Hungary
    and Slovakia must negotiate in good faith in the light of the prevailing situation
    and must take all necessary measures to ensure the achievement of the objectives
    of the said Treaty, in accordance with such modalities as they might agree upon.
    Further, Hungary was to compensate Slovakia for the damage sustained by
    Czechoslovakia and by Slovakia on account of the suspension and abandonment
    by Hungary of works for which it was responsible, whereas, again according to
    the Judgment of the Court, Slovakia was to compensate Hungary for the damage
    it had sustained on account of the putting into operation of the dam by
    Czechoslovakia and its maintenance in service by Slovakia.

    On 3 September 1998, Slovakia filed in the Registry of the Court a request for an
    additional Judgment in the case. Slovakia considered such a Judgment necessary
    because of the unwillingness of Hungary to implement the Judgment delivered
    by the Court on 25 September 1997. In its request, Slovakia stated that the
    Parties had conducted a series of negotiations of the modalities for executing the
    1997 Judgment and had initialled a draft Framework Agreement, which had been
    approved by the Slovak Government. However, according to the latter, Hungary
    had decided to postpone its approval and had even disavowed it when the new
    Hungarian Government had come into office. Slovakia requested the Court to
    determine the modalities for executing the Judgment, and, as the basis for its
    request, invoked the Special Agreement signed at Brussels on 7 April 1993 by
    itself and Hungary. After the filing by Hungary of a statement of its position on
    Slovakia’s request, the Parties resumed negotiations and informed the Court on a
    regular basis of the progress in them.

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